Human Resource

In this final phase of the process, we outline what the final outcomes might be, and where your grounds of appeal lie, should you not be happy with the outcome.

In Part seven, we look at what documentation is required for the formation, and subsequent actions of your EE Committee.

In Part four of this series on EE inspections, we look at what the audit checklist is, and what to expect.

In Part five of our eight-part series on EE inspections, we look at who needs to be present for the inspection, in order to satisfy the Law.

In this, the first of an eight-part series on EE Inspections, we look at why the Department of Labour have been visiting companies and auditing their compliance with the Employment Equity Act.

In the second of our eight-part series on EE inspections, we look at the right of Department of Labour to enter you premises, and the stipulations they must abide by.

In the third of an eight-part series on EE inspections, we look at the process that the DoL will set in motion should they wish to audit you - starting with the notification.

In our final installment of our look into EE inspections, we look at the results of the audit, and the ramifications for those who do not comply.

In this, the sixth of eight articles on EE inspections, we run through what the Inspector will be looking for with regard to information in the workplace, and what you are required to show by Law.

There is at least one guarantee in life: things change. In the corporate world, a lack of awareness of how change is experienced by people has the potential to bring down a business.

In order to create a representative workforce, a socially responsible company as well as meet disability targets, companies need to engage in a more proactive and committed PWD recruitment and placement strategy.

An employee indicates that they want to resign - can you ask them to sign a resignation letter?

A case relating to the legitimacy of a claim for unfair dismissal, due to assertation of the applicant's common law right to a pre-dismissal hearing.

Retention of superior and/or essential skills - a criteria used with LIFO for operational requirements dismissals - does the Labour Court have power to adjudicate on procedural fairness of dismissal?

Employers need to ensure that even when an employee appears to have deserted, that attempts are made to contact the employee and offer the opportunity to be heard, prior to dismissal.

Can you dismiss an employee who has been imprisoned for an offence unrelated to his employment?

Reaching retirement age is a sensitive issue for most people. Employers are advised to ensure that they manage the retirement process with professionalism. Don't let the retirement day go by, and ensure documentation of any agreements extending the date.

Beware the practice of re-issuing "fixed term" contracts monthly. Miss a few months and the employees are effectively permanent.

Expecting a portion of your skills levy payments back in mandatory grants? Can your Seta "quality assure" the nature of your training done and refuse payment? Yes. Essential reading for all involved in skills development activities.

What is the "doctrine of election"? Nothing to to do voting. If an employee withdraws an unfair discrimination claim, then they have "elected" - there is no going back and the labour court does not have a discretion otherwise.

Employment contracts cannot be used to subvert or avoid collective agreement clauses, Labour Court rules against attempts to use private dispute resolution to avoid Bargaining Council jurisdiction.

Ashley Berman of Brite Byte takes us through some of the offerings available from her business, as well as outlining the area of employing people with disabilities, which is an area of interest to all businesses interested in a social upliftment strategy, promoting Employment equity in their workplaces.

Cathie Webb, Chief Operations Officer at Accsys, a national provider of HR and payroll management solutions, has won Gauteng Businesswoman's Association (BWA) Regional Business Achiever Awards, Corporate category, 2007.

R58,000 - A salutory lesson to all employers - display of pornographic material on employee computers may lead to a complaint of unfair discrimination arising from sexual harassment and if the complaint is not dealt with in a suffienciently comprehensive and serious manner, to a claim of constructive dismissal.

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